I believe that many friends are paying attention to the detailed process of registering a trademark. What are the materials for registering a trademark now? The editor has brought you the relevant knowledge of "registered trademark", which There may be what you need. Information required for trademark registration

1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;

2. If you apply for registration of an individual name, you need to provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;

3. Provide trademark text or If the color of the drawing needs to be protected, a color drawing must also be provided;

4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided by the applicant, referring to the "Goods for Trademark Registration" Fill in the ninth edition of the "International Classification of Goods and Services" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;

5. Provide the "Classification of Similar Goods and Services" with official seal or signature. "Trademark Agency Power of Attorney", which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license. What are the conditions for registering a trademark?

(1) Distinctiveness of the trademark

The distinctiveness of a trademark lies in whether the trademark is newly created and whether it has personality. A unique and newly created trademark undoubtedly has distinctive features. A trademark should have distinctive features so that it can be easily distinguished from others. A comprehensive examination should be conducted from the text, graphics and other components of the trademark itself. Overly simple graphics, lines, or overly complex patterns, ordinary numbers, general daily life terms or advertising terms, common names of goods, packaging, decoration, containers, etc. of goods are generally considered not to have distinctive features. For example, if an arc is used as a mark to apply for registration on cosmetics and other commodities in categories 3, 9, 18, 24, 25, and 28, it will be regarded as lacking distinctiveness and being difficult to consume. The registration was not approved on the grounds of identification of the person; and in another case, a combination trademark with pines and cypresses, flowers, plants, sun, cranes, flowing water, and rocks as the background pattern, and the name "Songs and Cranes Welcome Spring" was requested to be registered on a certain daily necessities, but it was also not approved. The reason for registration is that "songs and cranes welcome spring" is an auspicious term among the people and is often used on daily necessities. The pattern is also often used on daily necessities as a decorative pattern. The trademark does not contain any text or graphics. It has distinctive characteristics and does not have an identification function.

The purpose of requiring trademarks to have distinctive features is to enable consumers to identify the source of goods through trademarks. Even if some trademarks lack distinctive features, their long-term use can still be used to identify them. Once registered, protection should be provided. For example, if simple graphics such as triangles and semicircles are associated with a specific product and used repeatedly, so that they have an identification function, they should also be protected. Another example is the world-famous "NIKE" trademark used on sportswear and sneakers. The pattern of a wave of a pen is so simple that it is almost unrecognizable from the perspective of its constituent elements, but it couldn't be simpler. A single stroke has the strongest identifying effect. Therefore, the distinctive features of a trademark must be judged and identified from the perspective of whether the trademark has been actually used and whether it has formed a specific connection with a certain product.

(2) Trademarks must not be confused with others’ trademarks

Confusion refers to situations where a trademark is identical or similar to another’s trademark. Generally speaking, the aforementioned original trademarks will not be confused with other people’s trademarks, while suggestive trademarks, descriptive trademarks, especially borrowed meaning trademarks are often confused with other people’s trademarks, and the trademark applied for registration will not be confused with other people’s trademarks. If the trademarks are mixed, they will not be allowed to be registered. If the same or similar trademark is used on the same or similar goods, it will constitute infringement.

Identical trademarks means that the words and graphics of the trademarks used on the same product or similar products are exactly the same or the pronunciation of the trademark name is exactly the same. If the trademarks are the same, it will be difficult for consumers to distinguish the goods or services of different operators.

Trademark similarity means that the words, graphics or name pronunciation of trademarks used on the same or similar goods are basically the same. Although there is a difference, the difference is not obvious enough to cause consumers to misunderstand and purchase. For example, someone applied for the designated use of "surname" on ice cream and popsicles in Class 30, which is similar to the "Wahaha" trademark registered by Hangzhou Wahaha Group for designated use on Class 30 ice products. Although the two trademarks ?Surname Haha? and ?Wahaha? have different characters and different pronunciations, their glyphs are very similar. ?What’s your surname? Just slightly changed each word of ?Wahaha?, and deliberately made it closer to ?Wahaha?, taking advantage of consumers’ trust in the Wahaha trademark, causing consumers to misunderstand, leading to misunderstandings. purchase. The similarity of trademarks mainly manifests itself in three situations: shape (appearance), phonetic (pronunciation), and meaning (meaning). By comparing two trademarks, if their shape, phonetic, and meaning are similar, Similar trademarks that are likely to confuse consumers are considered similar trademarks.

Whether the trademarks are identical or similar, they must be identical or similar on the same goods or similar goods. Therefore, in addition to judging whether the trademarks themselves are the same or similar, it is also necessary to judge whether the goods they use are the same. goods or similar goods, if the goods used are not the same goods or similar goods, even if the two trademarks are the same or similar, it does not affect their distinctiveness and recognizability. The so-called same product refers to products that are similar in performance, use, production process, main raw materials, etc.

It is not difficult to determine whether they are the same product, but it is more complicated to determine whether they are similar products. Because in addition to comprehensively considering whether the manufacturing department, raw materials, quality, usage, and even the sales department of the product are consistent, it is also necessary to examine the consumer psychology. Moreover, different standards may also be grasped for different trademarks. For a trademark that has a certain degree of popularity among consumers, as long as it may cause consumers to misunderstand the source of the goods, goods that are not similar from a commodity point of view will also be judged as similar goods. For example, an enterprise applied for registration on pastries and oatmeal in Class 30 with the exact same logo as "Carlsberg" registered by Carlsberg Ltd. on Class 32 beer. The rejection of the application for an identical trademark on similar goods shows that similar goods are relative. Detailed process for registered trademarks

Trademark registration process 1. Formal review

After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue an acceptance notice.

If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.

If the application procedures are basically complete or the application documents basically comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.

Trademark registration process 2. Substantive examination

After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.

If the application is rejected, a rejection notice will be issued to the applicant.

If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.

For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".

Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.

If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.

Request for review

If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board.

The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. What is the content of the trademark announcement?

After the Trademark Office substantive review, the trademark application that complies with the relevant provisions of the Trademark Law will be given preliminary approval and registration, and the preliminary approval and registration number will be assigned to the trademark, and a review search card will be established. , fill in the preliminary review draft and publish it in the "Trademark Announcement". This announcement is called the preliminary approval announcement. Applicants whose trademarks have been preliminarily approved can receive a free copy of the "Trademark Announcement" as a notice to the applicant. The basic contents of trademark announcement include the following aspects:

1. Preliminary examination and approval of trademark announcement. Publish the preliminary approval number, application date, trademark, used goods, category, applicant, and applicant's address.

2. Registered trademark announcement. Print the registration number, trademark, category, registrant, and trademark exclusive period.

3. Registration renewal announcement. Print the registration number, trademark, category, registrant, and trademark exclusive period.

4. Announcement of changes to registered trademarks. Print the registration number, trademark, original registrant, and changed name.

5. Transfer, cancellation, trademark license contract and other matters. How long does it take for a trademark to be announced?

The opposition period is 3 months from the announcement. If you have different opinions on the content of the announcement, you can file an objection with the Trademark Office. Registration of a preliminary approved trademark will only be approved if no one raises an objection within the time limit or if the objection is ruled untenable. Rejection and Rejection Review If a registered trademark fails to pass the substantive examination of the Trademark Office, the Trademark Office will reject the applicant's registration application and issue a rejection notice to the trademark applicant or agency. The trademark rejection notice states the reasons for rejection and is returned to the applicant or agency together with the relevant attachments to the trademark registration application. After the trademark application is rejected, if the applicant is dissatisfied with the reasons for the rejection, he or she may submit an "Application for Rejection of Trademark Review" to the Trademark Review and Adjudication Board within 15 days of receiving the rejection notice, together with the original trademark registration application rejected by the Trademark Office, and the Trademark Office will review and reject the application. Notification, 10 copies of the original trademark drawings and 1 copy of the black and white ink draft are required to apply for review. If the applicant for a rejected trademark review cannot complete the application procedures within 15 days, he or she may apply for a 30-day extension. The applicant should fill out the "Extension Application" and submit it to the Trademark Review and Adjudication Board within the 15-day period. The Trademark Review and Adjudication Board considers that the reasons are valid and allows the extension. How to identify similar trademarks

A similar trademark refers to a similar glyph, pronunciation, and meaning of the trademark words, a similar composition, coloring, and appearance of the trademark graphics, or a similar overall arrangement and appearance of the combination of words and graphics, and a three-dimensional The shape and appearance of the three-dimensional mark of the trademark are similar, and the color or color combination of the color trademark is similar. When used on the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services.

To determine whether trademarks are identical or similar, we should first determine whether the designated goods or services belong to the same or similar goods or services; secondly, we should determine from the shape, sound, meaning and overall expression of the trademark itself, etc. Based on the general attention of the relevant public as the standard, and adopting the method of overall observation and comparison of the main parts, it is judged whether the trademark mark itself is the same or similar.

Correctly judging similar trademarks and rationally resolving similar trademark disputes in accordance with the law will not only help maintain the exclusive rights of enterprises to register trademarks and protect the legitimate rights and interests of enterprises and consumers, but also help promote the implementation of enterprise trademark and brand strategies. , and promote the sound and rapid development of the national economy.

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